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Guardianship law in Dandenong, Australia, involves designating a person to make decisions on behalf of someone else, known as the 'represented person', who has lost the ability to make certain decisions due to disability, mental health conditions, or age-related issues. The guardian may be responsible for financial and legal matters, and potentially health and lifestyle choices depending upon the circumstances.
Guardianship matters can be complex and can come with significant legal responsibilities. Legal advice is often needed when determining the need for a guardianship order, applying to the Victorian Civil and Administrative Tribunal (VCAT) for the order, responding to a hearing notice or when challenging or seeking to modify an existing order. It is also crucial when there’s a dispute about who should be the guardian or when it's necessary to protect the rights of the represented person.
The key piece of legislation relevant for guardianship in Dandenong is the Guardianship and Administration Act 2019. This law aims to protect and promote the human rights, dignity, and autonomy of adults with a disability who need a guardian or administrator. It emphasizes the importance of making decisions that least restrict the rights and opportunities of the represented person. Also, it necessitates the guardian's decisions to be proportionate and reasonable concerning the represented person's risk and situation.
A guardian must be over 18 years old, having the necessary skills to make decisions for the represented person, and they cannot be insolvent or paid to provide the person with personal or health services.
Anyone concerned about the person who needs help, such as a relative, close friend, medical practitioner, or care provider, can apply for a guardianship order.
Guardianship orders are usually up to one year for the first order, up to three years for subsequent orders, and in some cases, for longer periods.
Yes, the represented person, the guardian, or anyone with a genuine concern for the represented person's welfare may apply to VCAT to change or cancel the order.
'Least restrictive', as per Guardianship and Administration Act 2019, refers to making decisions or taking action that restricts the rights and opportunities of the represented person to the smallest extent possible, considering the risk to their health, well-being, or safety.
The Victorian Civil and Administrative Tribunal (VCAT) and the Office of the Public Advocate (OPA) can provide detailed information and resources about guardianship enquiries. Legal aid services can help provide advice and assistance in this field.
If you need legal assistance in guardianship, it's recommended to speak with a lawyer experienced in guardianship laws. They can guide you through the process, assist with paperwork, and represent you at VCAT hearing. Legal Aid Victoria and community legal services can provide legal advice and assistance for those who cannot afford a private lawyer.
